Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1887-04-26

it then happened" that q vacancy existed in
the senatorial representation from this State,
as the Legislature had adjourned without elect
ing. The Constitution of the United States
makes the most ample provision, III the most
unequivocal terms, as to how vacancies occur
ring in either branch of the Federal Congress
shall he filed. 1n the lust clause OF the second
section of the first article, in providing for fill
ing vacancies happening in the lower house, it
is directed. that when vacancies happen III
the representation from any State the executive
authority thereof shall issue wits OF election
to fill such vacancies.
In the second clause of the third section of
the first article OF the Constitution of the Uni
ted states, IL is there directed that . If vacan-
cies happen" Il" the Senate) by resignation
or otherwise. during the recess of the Legisla-
ture of any State, the executive thereof may
make temporary appointments until tile next
meeting of the Legislature which shall then I'LL
such va cancieS.
Now let us ask in all candor. in all the fair
ness of the true and honest construction of con-
stitutional law. did the members of the conyen-
tion of 17S7. who framed the Constitution of the
United States. mean that the Governors ap-
pointmcnt should last until the next session of
the Legislature. whose regular periodic assem-
bly,. with full and plenary power, they were
then providing for, or did they mean the acct
dental meeting of some Legislature. with cir
cumscrihed or limited power. that might hap
pen" to be called to assemble by proclamation.
at the instance of the executive of State. for
some special ar specific purpose. named in the
or fOrtutous existence could never for mo-
ment have entered the conception OF the franz
crs OF the constitution.
If they had intended that the appointment of
the Governor was not to last until the regular
periodic assembly of the Legislature. they
would have directed in the most uncquivocal
terms, as in filling vacancies in the lower
house. where the executive Is ordered by
mandatory clause to issue - writs of election
to fill such vacancies" that he should issue his
proclamation calling together the Legislature
for the purpose of elccting Senator to fill the
vacancy. But as the constitution of the United
States gives to the executive of u State no such
authority. and as the constitution of West Vir-
ginia. (article Z, clause - framed by persons
who well understood how to make its provis-
ions conform to the intent and the meaning OF
the constitution of the United States, positively
prohibits called session of the Legislature
from entering upon any other business - OK
cept that stated i'll the proclamation by which
it was called together" and as article 5 of the
constitution of the United States provides.
that no State without its consent shall be de-
prived of its equal suffrage in the Senate"
what alienation had Governor Wilson hut to
| appoint The Legislature had failed to elect
| and he was not competent. under the proriS-
ions of the constitution. to consent to the va
| cancy. No implied power can be drawn from
| the constitution of the United States. or from
that of West Virginia. hT any fair or reasOna-
able construction of those Instruments. by
| which the Governor can be Invested of his ie-
gal and constitutional authority to appoint. or
by which a called session of the Legislature.
with circumscribed and limited power. confined
by constitutional provision to certain specific
duties. named in the proclamation, has the
least shadow of authority to elect over the
Governors appointment. There is not one
word in either constitution to sanction it.
while the one positively forbids It. The con-
ficting views and expressions of Senators in
judging of the election and qualification OF the
members of that body. in no previous case that
! we rccollect. have furnished us with an exam
pie of any member being elected by called or
special session of Legislature. bat. in some
instances at least. they are very consistent
with the merit Of being more in accord with the
political bias of the Senators mind. than with
an enlightened view and judgment rs to the
true meaning and principles of the constitution
of his country. or with the duty he owed us u
Senator to the people.
A review of these opinions. may in future
command the attention of A FARMER.
Shcpherdstown. April IS. 1887.